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Orlando Criminal Attorney > Blog > Family > The First Step To Take In Divorce If You Are A Victim Of Domestic Violence

The First Step To Take In Divorce If You Are A Victim Of Domestic Violence

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Domestic violence is all too real for victims that experience it, and it often goes unreported. Victims of domestic violence are often afraid to take the first step to get out of the situation because they sometimes fear that no one will believe them. By its very nature, domestic violence usually takes place within the home, where witnesses are not present. If you are experiencing domestic violence, it is time to take the first brave step and get out of the situation. An Orlando family lawyer can help you do it. Call our Orlando family lawyers at O’Mara Law Group at 407-898-5151. Our seasoned attorneys can help you navigate through this difficult time.

Applying for an Injunction Against Domestic Violence

The first step when getting out of an abusive situation is to apply for an injunction, or a Protective Order. If granted, this order will prohibit your spouse from taking certain actions, such as contacting you or your children. You can apply for an injunction, and a judge will make their decision, ex parte . Ex parte means that neither you nor your spouse will have to attend the initial hearing in which a decision is made.

When applying for an injunction, you must submit a petition which includes a sworn statement describing the reasons why an injunction is being sought . The sworn statement will include a description of the latest act(s) of violence or threat of violence by your spouse. A judge will make their decision based on this petition and statement alone. The judge will read your sworn statement and determine whether you are, or will become, a victim of domestic violence. If the judge believes you are, a temporary injunction will be entered.

What Happens After You Obtain an Injunction?

Obtaining a Temporary Injunction for Protection Against Domestic Violence with or without Children is a huge relief for anyone that is a victim of domestic violence. Unfortunately, the process is not over. Because the temporary injunction was issued based only on your sworn statement(s) an injunction hearing will be set before a judge. You will be expected to testify about the facts in your petition for the injunction. Your spouse will also be afforded the opportunity to testify. At the hearing a judge will issue a Final Judgment of Injunction for Protection Against Domestic Violence. This injunction will remain in full effect for a specific time period or until it is modified or dismissed by the court.

This trial is of critical importance, as it will greatly affect the terms of your divorce. If a judge grants a Final Injunction, it may also include providing you exclusive possession of the home or awarding spousal support or child support in your favor. All of these decisions will drastically impact your divorce case, so the hearing is extremely important. Do not go through it without the help of an Orlando family lawyer/

Call Our Family Lawyers in Orlando Today

If you are the victim of domestic violence, it is essential that you take the steps needed now to get out of that situation. At O’Mara Law Group, our Orlando family lawyers can help you through the process of successfully obtaining an injunction, as well as through the divorce process so you can start fresh in your new life. Call us today at 407-634-6604 or fill out our online form to schedule a consultation and to learn more about how we can help.

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